How the Israeli Left Has Undermined Faith in the Rule of Law

April 16 2019

In the months leading up to Israel’s recent elections, the country’s attorney general announced that he would seek indictments against Benjamin Netanyahu on multiple charges of corruption. Nonetheless, Netanyahu’s Likud party gained seats in the Knesset, ensuring that he will retain the premiership. Evelyn Gordon points to a survey, conducted in February, that may explain why the corruption charges haven’t damaged Netanyahu at the ballot box:

Fully 65 percent of Likud voters and 75 percent of ḥaredi voters think law-enforcement agencies are simply trying to oust Netanyahu. On one level, this is shocking. But on another, it’s not shocking at all because the Israeli left has spent decades successfully subverting the concept of “the rule of law” for its own political benefit.

For instance, Israel’s Supreme Court repeatedly overturns government policies not because they violate any law but because the justices deem them “unreasonable.” . . . Moreover, in almost every Western democracy, the executive and legislative branches choose Supreme Court justices; only in Israel do sitting justices have veto power over the choice of their successors. Yet the left has branded every attempt to align Israel’s judicial appointments system with this Western norm as “contrary to the rule of law,” and has thereby successfully staved off change. . . .

[In addition], there’s the unequal application of laws, as epitomized by a pre-election [Supreme Court] ruling that disqualified a Jewish Knesset candidate but nixed the disqualification of an Arab party, Balad. . . .

So here’s how your average rightist voter understands the rule of law today: [as] a trick for ensuring that the left can continue imposing its views no matter how many elections it loses. That trick has successfully thwarted all legislative efforts at reform. But the price is that many rightists now distrust and despise “the rule of law” to such an extent that they dismiss pending indictments against a prime minister as just another attempt by the legal establishment to subvert democracy.

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Read more at Evelyn Gordon

More about: Benjamin Netanyahu, Israeli democracy, Israeli Election 2019, Supreme Court of Israel

Who Changed the Term “Nakba” into a Symbol of Arab Victimization?

April 19 2019

In contemporary Palestinian discourse, not to mention that of the Palestinians’ Western supporters, the creation of the state of Israel is known as the Nakba, or catastrophe—sometimes explicitly compared with the Holocaust. The very term has come to form a central element in a narrative of passive Palestinian suffering at Jewish hands. But when the Syrian historian Constantin Zureiq first used the term with regard to the events of 1948, he meant something quite different, and those responsible for changing its meaning were none other than Israelis. Raphael Bouchnik-Chen explains:

In his 1948 pamphlet The Meaning of the Disaster (Ma’na al-Nakba), Zureiq attributed the Palestinian/Arab flight to the stillborn pan-Arab assault on the nascent Jewish state rather than to a premeditated Zionist design to disinherit the Palestinian Arabs. “We [Arabs] must admit our mistakes,” [he wrote], “and recognize the extent of our responsibility for the disaster that is our lot.” . . . In a later book, The Meaning of the Catastrophe Anew, published after the June 1967 war, he defined that latest defeat as a “Nakba,” . . . since—just as in 1948—it was a self-inflicted disaster emanating from the Arab world’s failure to confront Zionism. . . .

It was only in the late 1980s that it began to be widely perceived as an Israeli-inflicted injustice. Ironically, it was a group of politically engaged, self-styled Israeli “new historians” who provided the Palestinian national movement with perhaps its best propaganda tool by turning the saga of Israel’s birth upside down, with aggressors turned into hapless victims, and vice-versa, on the basis of massive misrepresentation of archival evidence.

While earlier generations of Palestinian academics and intellectuals had refrained from exploring the origins of the 1948 defeat, the PLO chairman Yasir Arafat, who was brought to Gaza and the West Bank as part of the 1993 Oslo Accords and was allowed to establish his Palestinian Authority (PA) in parts of those territories, grasped the immense potential of reincarnating the Nakba as a symbol of Palestinian victimhood rather than a self-inflicted disaster. In 1998, he proclaimed May 15 a national day of remembrance of the Nakba. In subsequent years, “Nakba Day” has become an integral component of the Palestinian national narrative and the foremost event commemorating their 1948 “catastrophe.”

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Read more at BESA Center

More about: Arab World, Israeli-Palestinian Conflict, New historians, Yasir Arafat